202A.011 Definitions for chapter.
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/ky/chapter-202a/202a-011A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter, unless the context otherwise requires:
(1)"Authorized staff physician" means a physician who is a bona fide member of the
hospital's medical staff;
(2)"Cabinet" means the Kentucky Cabinet for Health and Family Services;
(3)"Contract mental health evaluator" means a qualified mental health professional
who is employed by or under contract with a community mental health center, crisis
stabilization unit, mental institution, or any other facility designated by the
secretary to provide mental health evaluations to determine whether an individual
meets the criteria for involuntary hospitalization;
(4)"Danger" or "threat of danger to self, family, or others" means substantial physical
harm or threat of substantial physical harm upon self, family, or others, including
actions which deprive self, family, or others of the basic means of survival
including provision for reasonable shelter, food, or clothing;
(5)"Forensic psychiatric facility" means a mental institution or facility, or part thereof,
designated by the secretary for the purpose and function of providing inpatient
evaluation, care, and treatment for mentally ill persons or individuals with an
intellectual disability, who have been charged with or convicted of a felony;
(6)"Hospital" means:
(a)A state mental hospital or institution or other licensed public or private
hospital, institution, health-care facility, or part thereof, approved by the
Kentucky Cabinet for Health and Family Services as equipped to provide full-
time residential care and treatment for mentally ill persons or individuals with
an intellectual disability; or
(b)A hospital, institution, or health-care facility of the government of the United
States equipped to provide residential care and treatment for mentally ill
persons or individuals with an intellectual disability;
(7)"Judge" means any judge or justice of the Court of Justice or a trial commissioner
of the District Court acting under authority of SCR 5.030;
(8)"Least restrictive alternative mode of treatment" means that treatment which will
give a mentally ill individual a realistic opportunity to improve the individual's
level of functioning, consistent with accepted professional practice in the least
confining setting available;
(9)"Mentally ill person" means a person with substantially impaired capacity to use
self-control, judgment, or discretion in the conduct of the person's affairs and social
relations, associated with maladaptive behavior or recognized emotional symptoms
where impaired capacity, maladaptive behavior, or emotional symptoms can be
related to physiological, psychological, or social factors;
(10)"Patient" means a person under observation, care, or treatment in a hospital
pursuant to the provisions of this chapter;
(11)"Petitioner" means a person who institutes a proceeding under this chapter;
(12)"Psychiatric facility" means a crisis stabilization unit or any facility licensed by the
cabinet and which provides inpatient, outpatient, psychosocial rehabilitation,
emergency, and consultation and education services for the diagnosis and treatment
of persons who have a mental illness;
(13)"Qualified mental health professional" means:
(a)A physician licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States while
engaged in the performance of official duties;
(b)A psychiatrist licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States while
engaged in the practice of official duties, who is certified or eligible to apply
for certification by the American Board of Psychiatry and Neurology, Inc.;
(c)A psychologist with the health service provider designation, a psychological
practitioner, a certified psychologist, or a psychological associate, licensed
under the provisions of KRS Chapter 319;
(d)A licensed registered nurse with a master's degree in psychiatric nursing from
an accredited institution and two
(2)years of clinical experience with
mentally ill persons, or a licensed registered nurse, with a bachelor's degree in
nursing from an accredited institution, who is certified as a psychiatric and
mental health nurse by the American Nurses Association and who has three
(3)years of inpatient or outpatient clinical experience in psychiatric nursing
and is currently employed by a hospital or forensic psychiatric facility
licensed by the Commonwealth or a psychiatric unit of a general hospital or a
private agency or company engaged in the provision of mental health services
or a regional community program for mental health and individuals with an
intellectual disability;
(e)A licensed clinical social worker licensed under the provisions of KRS
335.100, or a certified social worker licensed under the provisions of KRS
335.080 with three
(3)years of inpatient or outpatient clinical experience in
psychiatric social work and currently employed by a hospital or forensic
psychiatric facility licensed by the Commonwealth or a psychiatric unit of a
general hospital or a private agency or company engaged in the provision of
mental health services or a regional community program for mental health and
individuals with an intellectual disability;
(f)A marriage and family therapist licensed under the provisions of KRS
335.300 to 335.399 with three
(3)years of inpatient or outpatient clinical
experience in psychiatric mental health practice and currently employed by a
hospital or forensic facility licensed by the Commonwealth, a psychiatric unit
of a general hospital, a private agency or company engaged in providing
mental health services, or a regional community program for mental health
and individuals with an intellectual disability;
(g)A professional counselor credentialed under the provisions of KRS Chapter
335.500 to 335.599 with three
(3)years of inpatient or outpatient clinical
experience in psychiatric mental health practice and currently employed by a
hospital or forensic facility licensed by the Commonwealth, a psychiatric unit
of a general hospital, a private agency or company engaged in providing
mental health services, or a regional community program for mental health
and individuals with an intellectual disability; or
(h)A physician assistant licensed under KRS 311.840 to 311.862, who meets one
(1)of the following requirements:
1. Provides documentation that he or she has completed a psychiatric
residency program for physician assistants;
2. Has completed at least one thousand (1,000) hours of clinical experience
under a supervising physician, as defined by KRS 311.840, who is a
psychiatrist and is certified or eligible for certification by the American
Board of Psychiatry and Neurology, Inc.;
3. Holds a master's degree from a physician assistant program accredited
by the Accreditation Review Commission on Education for the
Physician Assistant or its predecessor or successor agencies, is
practicing under a supervising physician as defined by KRS 311.840,
and:
a. Has two
(2)years of clinical experience in the assessment,
evaluation, and treatment of mental disorders; or
b. Has been employed by a hospital or forensic psychiatric facility
licensed by the Commonwealth or a psychiatric unit of a general
hospital or a private agency or company engaged in the provision
of mental health services or a regional community program for
mental health and individuals with an intellectual disability for at
least two
(2)years; or
4. Holds a bachelor's degree, possesses a current physician assistant
certificate issued by the board prior to July 15, 2002, is practicing under
a supervising physician as defined by KRS 311.840, and:
a. Has three
(3)years of clinical experience in the assessment,
evaluation, and treatment of mental disorders; or
b. Has been employed by a hospital or forensic psychiatric facility
licensed by the Commonwealth or a psychiatric unit of a general
hospital or a private agency or company engaged in the provision
of mental health services or a regional community program for
mental health and individuals with an intellectual disability for at
least three
(3)years;
(14)"Residence" means legal residence as determined by applicable principles
governing conflicts of law;
(15)"Respondent" means a person alleged in a hearing under this chapter to be a
mentally ill person or an individual with an intellectual disability; and
(16)"Secretary" means the secretary of the Cabinet for Health and Family Services.